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07-11-2006 |
DATE, TIME, PLACE OF MEETING
The Calcasieu Parish School Board met in the Conference Room of the Calcasieu Parish School Board located at 1732 Kirkman Street, Lake Charles, Louisiana, on Tuesday, July 11, 2006, 4:45 p.m. The meeting was called to order by Ed Stephens, President. The prayer was led by James Karr, Sr.; Joe Andrepont led the Pledge of Allegiance.
ROLL CALL
The roll was called and the following members were present: Joe A. Andrepont, Clara F. Duhon, Jay L. Duhon, Mary Kaye Eason, Rev. J.L. Franklin, James W. Karr, Sr., Bryan LaRocque, Sheral A. LaVergne, James W. Pitre, Gregory P. Robert, Dr. Edward Stephens, and R.L. Webb.
Dale Bernard and Billy Breaux arrived after the roll was called. John Falgout was absent.
MINUTES APPROVED
On a motion by Greg Robert, seconded by Jay Duhon and unanimously carried, the minutes of the regular meeting of June 6, 2006 were approved as presented.
Supplemental Agenda
By general consent, the Supplemental Agenda was included as part of the regular agenda.
TAKE APPROPRIATE ACTION
Mr. George Heard, from the Chennault International Airport Authority, introduced Dr. George Vincent. Dr. Vincent requested that the Board re-appoint him to the Board of Commissioners of the Chennault International Airport Authority. The four year term begins July 1, 2006 and goes through June 30, 2010. On a motion by Jay Duhon, seconded by Joe Andrepont, the motion to re-appoint Dr. Vincent carried. Greg Robert asked that Dr. Vincent and Mr. Heard come back in the near future and talk to the Board about the Chennault International Airport Authority.
PRESENTATIONS
Outstanding Support Employees
Dr. Ed Stephens presented certificates of recognition to the following Outstanding Support Employees:
Ruby Malone, Bus Driver at Sam Houston High School. Ronald Bennett, Custodian at Frasch Elementary School Faye Medlow, Special Education Aide at Molo Middle (not present)
Gifted Program Photography Exhibit
Pam Quebodeaux, Principal of Dolby Elementary School, introduced Kathie Istre, a gifted teacher at Dolby. Ms. Istre presented a pictorial and video presentation regarding the Hurricane Rita destruction in Cameron. The presentation was created by students in the gifted program. Other teachers that worked on the project were: Lori Bertrand, Rhonda Young, Tita Robertson, Whitney Hopkins (all present at the meeting); Michelle Johns and Claire Sylvest (not present).
COMMITTEE REPORTS
Jimmy Pitre, Chairman of the Administration and Personnel Committee, reported that the committee met on June 27th and the following motions were made by the committee to the full Board.
Policies GBA; ED; EDCA; II from Testing, and JBG were all approved, with very few revisions. Mr. Pitre submitted these policies for approval by the full Board. These are policies listed in the committee Minutes, from page one (1) through page twenty eight (28). Upon a vote, the policies were approved with no opposition.
Mr. Pitre presented the next item, Recommendation 1 and Recommendation 2, regarding the Cell Phone Policy.
Mr. Pitre said the difference between the two recommendations was the ability to have cell phones during any school sponsored activity that may extend beyond the regular school day. After committee discussion of both recommendations, Recommendation 2 was amended to include the word possess and the committee then recommended Recommendation 2 as amended for Board approval.
Clara Duhon asked for clarification on principal discretion for cell phone use.
Wayne Savoy, Superintendent, replied that if a student has a medical situation, then the principal has the right to make a decision for that student to carry a cell phone.
Mr.Savoy replied that the school principal would make the decision case by case.
Greg Robert pointed out that Recommendation 2 allows for a cell phone during extra curricular activities.
James Spruel, Legal Counsel for the Board, stated that this policy prohibits the use and possession of cell phones on school grounds during instructional time. The first sentence of the policy creates an exception to the policy, if the principal uses his/her discretion and says that a particular student does not have to abide by this policy.
Mrs. Duhon suggested that since there are before and after school activities, there should always be a phone available. She stated that she has received numerous complaints from parents that there are no phones available after the offices are locked.
Joe Andrepont said that he believed the “case by case” for the administrator is good because it will allow for common sense to be applied.
Reverend Franklin said that his concern was that this issue did not intrude upon instruction. He also had a concern that there are sexual predators and that working parents need to be able to contact their children and be sure that they are safe. He stated that he is against the cell phone policy and would vote against it.
Mary Kaye Eason said that she believes that cell phones should not be used during instructional time, but that sometimes cell phones are necessary for before and after school activities. Parents might need to be reminded to pick up their students and know when and where.
Jay Duhon said that students can take their cell phones to ballgames, but the intent is to clarify that “we can’t enforce them not having cell phones at those places.” He continued that the principal would be making the decision on a case by case basis in any other situation. He said that band practice before and after school is a part of the instructional period and trying to define each of these things will put the Board “back in the soup.”
Bryan LaRocque said that he made the motion to add the word “possess” to Recommendation 2 because he did not feel that there was any consistency to the first 2 paragraphs. He does not agree with completely banning cell phones and he has had many parent phone calls and emails regarding this. He agrees that cell phones are a problem during instructional time, but he has difficulty supporting this policy. He said it is unfortunate that it takes a small group of students to cause the Board to have to make policy to govern all of the students, with sometimes a negative effect on the majority of students that are abiding by the rules.
James Karr said that he is against the policy. He has a concern for students that walk to school by themselves, even though he feels that the phones should not be used during instructional time. He is also concerned that the students are not allowed to have their cell phones on the bus and he is getting calls from parents about that.
Gary Anderson, Assistant Superintendent Auxiliary Services/ Personnel, reminded the Board that they had passed a policy for a total ban on cell phones and asked the committee to go back and put wording to the policy. The committee came back with two recommendations, with the only difference being that the second recommendation allows students to have a cell phone at extra curricular activities. Mr. Anderson said that Recommendation 2 states that the students cannot possess a cell phone on campus during the instructional day.
R.L. Webb stated that he supported the recommendation to accept Recommendation 2 and that all students should be under supervision at all times. The previous policy that cell phones at school could not be turned on has not worked and he will support Recommendation 2, even with mixed feelings. He feels that the principals have the common sense to deal with this problem.
Clara Duhon asked that if cell phones are not going to be allowed, to be sure that the students have access to a phone at all times, before and after school. This way the parents can be assured that the adult supervisor of their student has access to a phone.
Mr. Savoy replied that when this policy is implemented through administrative staff, there will be a phone available for any emergency.
Mr. Spruel said in reference to the offenses, that after three (3) suspensions, with the fourth, a student goes up for expulsion. All suspensions do not have to be related to the cell phone. He also noted that all parents are concerned for their child’s safety and he does not know how an exception can be written into the policy that says you are concerned about safety or you ask a principal to say that one student’s safety is more important than another student’s safety. He said that principals will need to make some hard decisions on what exceptions to make. The intent of this policy has been made clear by this Board. The Board is concerned that cell phones are interfering with the instructional day and this policy is the best that the committee could come up with to achieve that goal.
Billy Breaux said that the administrators and staff asked that the policy be clear. The policy is clear and the administrator will make the decision and use common sense. He said that this policy won’t be a popular decision, but he is supporting the policy.
Mrs. Eason said that she has a problem with the word possess. As a Board member, she feels that their backs are against the wall on this issue. There was no respect from the students and parents regarding the student using a cell phone and she feels that the Board has no choice and there is no real answer. She said that every teacher and administrator that she spoke to asked that cell phones be taken out of the schools.
Upon a vote for Recommendation 2, there were 3 nay votes: Bryan LaRocque, Reverend Franklin, and James Karr. The motion to accept the policy carried.
Mr. Pitre reported on Policies GCD and GCD-AP, concerning the hiring of sub bus drivers. A motion was made at committee to accept staff recommendation to offer routes to the most senior active substitute in the parish, if there is no active substitute in the ward. A vote was taken and the motion carried. Mr. Pitre submitted the recommendation to the Board for approval.
Mr. Duhon stated that he would not support changing the policy, since it has worked so well for years.
Mr. Andrepont asked if Transportation had researched how many drivers outside of one particular ward were driving in another ward.
Mr. Anderson said that Ward 3 is the largest ward and has the most routes. There are thirty sub drivers and twenty five of those do not want a permanent route. That leaves very few sub drivers and very few of those are active, meaning they have driven thirty six days in the two previous years. There are sub drivers in other wards that have driven the thirty six days and have been active for years. Ward 3 has some drivers that have just been certified since January and they have very little driving experience. With CPSB current policy, these drivers are put on the routes before the more experienced drivers. State law mandates that when a position comes open, any permanent driver can bid on that route. In the case where no permanent drivers bid on the route, the policy now says that a driver has to be hired in that ward. If there is no driver in that ward, then the job goes to the most senior driver in the parish.
Mr. Andrepont questioned the identification of a secure site for bus drivers to safely wait for trips. Sheral LaVergne questioned the system of sub drivers being called and thinks that all sub drivers should be called, not just favorites. It appears to her that some sub drivers have been “blackballed” and are not being called. Mr. Anderson said that route drivers are allowed to call their own sub drivers and they naturally call those sub drivers that they are comfortable using.
Mr. Pitre said that he is going to vote against the policy, even though the intent was to solve the problem, he feels that it is satisfying a small group only. He made a motion to table the discussion and Mr. Duhon seconded the motion.
Mr. Spruel said that the Board needed to hear from the people that had asked to address the Board on this issue, before a vote was taken to table the discussion.
Kathy Landry, President of the Calcasieu Parish Bus Drivers Association, addressed the Board. She said there are many subs that have been driving for years and they deserve the open routes and she asked the Board to please make this fair. If a ward has no active sub, she asked the Board to please open the route job parish wide.
Kim Little, a sub bus driver in Ward 6, spoke to the Board and said that she drove all but ten of the school days this past school year. She drives all over the parish and does not feel like it is fair that a driver is hired for a route job that has only been driving for a few months and drivers like herself are passed over, when they have been driving for years, but do not live in the ward of the route opening.
The motion and second on the floor is to table this motion. There were nine nay votes to table the motion: Bryan LaRocque; Reverend Franklin; Billy Breaux; James Karr; Mary Kaye Eason; Dale Bernard; Greg Robert; Clara Duhon; R.L. Webb. The motion to table failed.
Dale Bernard asked for an opinion from Ron Idom, Director of Transportation. Mr. Idom said they are creating a new avenue to solve the problem explained by Ms. Little. In her case, there are other senior active subs in her ward and when a route job comes open in her ward, she is at a disadvantage of being able to move up to a route job. Mr. Idom said he is asking that in that situation, the sub driver be given the opportunity to cross into other wards that don’t have senior active subs, which “puts experience behind the steering wheel of the school bus.” Mr. Idom said this is a majority recommendation from the bus drivers and the staff supports the change.
Clara Duhon asked Mr. Idom what would happen if the recommendation is not accepted by the Board. Mr. Idom replied that a route job would go to the senior active sub by ward and then if there is not a senior active sub, it would go down to the senior substitute (would not have to be active) before the route is opened up parish wide. But, with the recommendation accepted, senior active subs by ward would get the ward route job, and if there are no senior active subs, then it would go parish wide.
Mr. Webb said that he supports the committee recommendation, because since the storm we have lost a lot of sub drivers. He said he believes this is a good addition to the policy.
Reverend Franklin said that administration and the committee support the change and he called for a vote. Mr. Robert said that a vote can’t be called for after discussion or debate.
Mrs. LaVergne asked if this is for all substitutes or new hires. Mr. Anderson explained that substitutes start over every year.
Mr. Robert said that he feels that is an improvement that is supported by the staff and employees and he supports it.
Dr. Stephens called for a question and said that now it was time to vote to terminate the discussion. The vote was unanimous to terminate discussion. Upon a vote to approve the recommendation coming from committee, there was one nay vote from Jimmy Pitre. The motion carried.
Mr. Duhon told the Board that in the past, Board members have been involved in selecting bus drivers for routes and he hopes that never happens again.
Mr. Pitre continued with another committee item, resulting from an OCR complaint. This item concerns how insulin is handled for diabetic students on field trips. Mr. Pitre made the motion to approve the recommendation of the committee.
Mr. Spruel said that this policy is part of the school district’s fulfillment of a commitment that has been made to the Office of Civil Rights, so that the system can better handle insulin dependent children on field trips. Upon a vote on the motion, the motion passed.
TAKE APPROPRIATE ACTION
Resolution Authorizing Sale of Excess Revenue Certificates
Lake Charles, Louisiana July ___, 2006
The Parish School Board of Calcasieu Parish, Louisiana, met in regular public session at 4:45 o’clock p.m. on Tuesday, July ___, 2006, at the regular meeting place of said Board in the Calcasieu Parish School Board Office, Lake Charles, Louisiana, pursuant to the provisions of written notice given to each and every member thereof and duly posted in the manner required by law.
President, Dr. Edward Stephens, called the meeting to order and on roll call, the following members were present: ABSENT:
Wayne R. Savoy, Board Secretary, also attended. The meeting was called to order and the roll called with the above results.
Thereupon, the following resolution was introduced, and pursuant to a motion made by _________________ and seconded by ________________, was adopted by the following vote: YEAS:
NAYS: RESOLUTION
A RESOLUTION APPROVING THE PRELIMINARY DRAFT OF THE OFFICIAL STATEMENT AND AUTHORIZING ITS DISTRIBUTION TO PROSPECTIVE PURCHASERS OF NOT EXCEEDING THREE MILLION AND NO/100 ($3,000,000) DOLLARS OF EXCESS REVENUE CERTIFICATES OF INDEBTEDNESS (SAM HOUSTON HIGH SCHOOL PROJECT), SERIES 2006; AUTHORIZING THE CHIEF FINANCIAL OFFICER TO NEGOTIATE THE SALE OF AT TERMS MOST ADVANTAGEOUS TO THE ISSUER; AND AUTHORIZING, APPROVING AND DIRECTING ALL OTHER ACTIONS NECESSARY TO CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION.
WHEREAS, on June 6, 2006, the Calcasieu Parish School Board authorized development of a project involving issuance of not exceeding $3,000,000 Excess Revenue Certificates of Indebtedness (Sam Houston High School Project), Series 2006 (the “Certificates”), to run not to exceed ten (10) years from the date thereof, with interest at a rate not exceeding six (6%) percent per annum for the purpose of financing construction of certain improvements at Sam Houston High School in Moss Bluff, Louisiana, in accordance with the provisions of Sections 2922 and 2923 of Title 33 of the Louisiana Revised Statutes of 1950, as amended (the “Act”); and
WHEREAS, the Calcasieu Parish School Board must distribute to prospective purchasers of the Certificates certain information to aid and assist those persons or institutions interested in bidding for the Certificates, in the form of a Preliminary Official Statement; and
WHEREAS, an Official Statement must be provided to the initial purchaser of the Certificates by the Calcasieu Parish School Board, which Official Statement must contain not only all of the pertinent information which a prospective purchaser requires but also information not yet available; and
WHEREAS, it is necessary or desirable to designate by resolution, (i) the Preliminary Official Statement as the “near final official statement” within the meaning of Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) and to approve the form and distribution thereof, and (ii) the individual who, for and on behalf of this Board, would make such a decision; and
WHEREAS, said Certificates may be sold by negotiation to a purchaser deemed to be most favorable to the Issuer, at the price of not less than par and accrued interest to date of delivery; and
WHEREAS, it is necessary or desirable to designate by resolution the individual who, for and on behalf of this Board and the Issuer, can negotiate the terms of the Certificates most advantageous to the Issuer in a fluctuating market environment;
NOW THEREFORE, BE IT RESOLVED by the Parish School Board of Calcasieu Parish, Louisiana, as follows:
SECTION 1. Approval and Designation. There is hereby delegated to the Chief Financial Officer authority to designate the form of the Preliminary Official Statement, with such revisions, additions and appendices thereto as he may deem necessary, in his discretion, as the “near final official statement” within the meaning of the Rule. Such form, when so approved by the Chief Financial Officer, is hereby authorized to be distributed to prospective purchasers of the Certificates.
SECTION 2. The Preliminary Official Statement. The preliminary draft of the Official Statement (a copy of which is on file in the office of the Superintendent of Schools of Calcasieu Parish) is hereby approved and adopted and copies thereof shall be distributed to prospective purchasers of the Certificates.
SECTION 3. Final Official Statement. The Official Statement shall describe the final terms of the Certificates approved by the resolution of the Calcasieu Parish School Board authorizing issuance thereof and shall constitute the “final official statement” within the meaning of the Rule.
SECTION 4. Sale by Negotiation. The Chief Financial Officer is hereby given permission to negotiate the sale of the Certificates at a rate or rates not exceeding 6.00% per annum upon terms and conditions most advantageous to the Issuer.
SECTION 5. Bond Purchase Agreement. The Chief Financial Officer is hereby authorized and empowered to effect and implement any necessary amendments and changes necessary in order to market the Certificates, which amendments and changes may be requested or required by the rating agencies, the municipal bond insurer, the underwriter, bond counsel, or the municipal bond market generally, and to execute a Bond Purchase Agreement with Crews & Associates, Inc. under such terms and conditions as are most favorable to the Issuer.
SECTION 6. Ratification. All actions heretofore taken by the Calcasieu Parish School Board and by the officers thereof or on their behalf, not inconsistent herewith directed toward preparation and delivery of the Preliminary Official Statement are hereby ratified, approved and confirmed.
SECTION 7. Other Matters. By the passage of this resolution, the Board does not intend to approve, nor is it approving hereby, any matters otherwise relating to execution and issuance of the Certificates.
SECTION 8. Severability. If any paragraph, clause, section or provision of this resolution is judicially adjudged invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining paragraphs, clauses, sections or provisions hereof.
SECTION 9. Repealer. All resolutions, ordinances, or orders in conflict herewith, be, to the extent of such conflict, and they are hereby repealed.
APPROVED AND ADOPTED this ___th day of July, 2006.
/s/ Edward Stephens EDWARD STEPHENS, President ATTEST:
/s/ Wayne R. Savoy WAYNE R. SAVOY, Secretary
(Other business not pertinent to the above appears in the minutes of the meeting.)
Pursuant to motion duly made and carried, the meeting was adjourned.
/s/ Edward Stephens EDWARD STEPHENS, President ATTEST:
/s/ Wayne R. Savoy WAYNE R. SAVOY, Secretary
STATE OF LOUISIANA
PARISH OF CALCASIEU
I, WAYNE R. SAVOY, certify that I am the duly qualified and acting Superintendent of Public Schools for the Parish of Calcasieu, Louisiana, and as such, Ex-Officio Secretary of the Calcasieu Parish School Board. I further certify that the above and foregoing is a true and correct copy of an excerpt from the minutes of a meeting of the Calcasieu Parish School Board held on July _____, 2006 insofar as said minutes pertain to the matters therein set out, and that the foregoing copy of a resolution adopted at said meeting is a true and correct copy of the original resolution as it is officially of record in my possession. IN WITNESS WHEREOF, witness my official signature and the impress of the official seal of the Calcasieu Parish School Board on this ____th day of July, 2006.
WAYNE R. SAVOY, Secretary
On a motion to approve by Dale Bernard and seconded by R.L. Webb, the motion carried.
Ordinance for Renewal of Collection of Sales Tax
Lake Charles, Louisiana
____________
2006 NOW, THEREFORE, BE IT ORDAINED BY THE SCHOOL BOARD OF CALCASIEU PARISH, LOUISIANA, that:
SECTION 10. Attorney Fees. The Collector is authorized to employ private counsel to assist in the collection of any Tax, penalties or interest due under this Ordinance, or to represent him in any proceeding under this Ordinance. If any Tax, penalties or interest due under this Ordinance are referred to an attorney at law for collection, an additional charge of attorney fees, in the amount often percent (10%) of the Tax, penalties and interest due, shall be paid by the tax debtor.
SECTION 17. Uniform Local Sales Tax Code is Controlling. If any provision of this Ordinance shall be in conflict with the provisions of the Uniform Local Sales Tax Code, the provisions of the Uniform Local Sales Tax Code shall be controlling. SECTION 18. Effect Upon Prior Sales Tax Ordinances. With respect to the School Board Tax, this Ordinance shall be considered as additional and supplemental to the ordinances heretofore adopted by the School Board, to provide that the Tax now authorized to be levied in the Parish shall hereinafter be collected, administered and enforced in the manner provided by the Uniform Local Sales Tax Code and shall not be construed to rescind and repeal any prior resolutions or ordinances of the School Board relating to the levy, allocation, distribution and use of the proceeds of the Tax.
ATTEST On a motion to approve by James Karr and seconded by Jay Duhon, the motion carried.
Proposed Salary Schedule for 2006-2007
On a motion to accept by Dale Bernard and seconded by Jimmy Pitre, the motion carried. Dr. Stephens asked Mr. Bruchhaus when employees with extra curricular duties would be paid on indexes. Mr. Savoy said he hoped those issues could be addressed before the end of the year.
City of Westlake Easement
STATE OF LOUISIANA PARISH OF CALCASIEU
WITNESSES: GRANTOR
5 WIDE
x
IS’ LONG EASEMENT 5’
EASEMENT WIDTH
PLAT OF EASEMENT OF Upon a motion to approve by Joe Andrepont and seconded by James Karr, the motion carried. Athletic Training Services Contract
STATE OF LOUISIANA
II. Injury Care On a motion to accept the contract renewal by Joe Andrepont and seconded by Clara Duhon, the motion passed.
STATE OF LOUISIANA
PARISH OF CALCASIEU
LEASE
This lease is entered into by and between the CALCASIEU PARISH SCHOOL BOARD, hereinafter called "Lessor", herein represented by its President, Dr. Edward Stephens, and United Way of Southwest Louisiana , hereinafter called "Lessee". CALCASIEU PARISH SCHOOL BOARD is the governing authority of the public school system of Calcasieu Parish, Louisiana, and is the owner of the property which forms the subject of this Lease, located in Calcasieu Parish, Louisiana, herein described, to-wit: Old Moss Bluff Middle School property, more fully described as: E. 34.73 acres of the NW ¼ of SE ¼ Sec. 6, T9S, R8W located on Park Road, Lake Charles, Calcasieu, Louisiana (excluding gymnasium and property currently under lease to other parties).
1. This lease is for a term commencing July 1, 2006 and ending June 30, 2007 . This lease is for one year with an option for two additional one year renewal periods. 2. The premises herein leased are to be used for the following activities: Community Service and Hurricane Recovery Related Activities 3. In lieu of annual lease payments, Lessee shall provide ongoing repair and upkeep services to the facility necessary to protect and preserve the facility in its current state or better.
4. Lessee shall not use any portion of the leased premises for any purpose that is unlawful or in violation of any zoning ordinances, or any other laws, nor for any purpose that tends to injure or depreciate the property or create a nuisance, nor for storage or disposal of solid or hazardous wastes or dangerous substances, nor for sale of alcoholic beverages. Lessee agrees to take all action necessary to assure that alcoholic beverages are not consumed on the premises. Violation of any portion of this paragraph shall effect immediate cancellation of this lease at the option of Lessor. 5. Lessee shall purchase at its own expense and maintain during the term hereof general liability insurance, including but not limited to coverage for premises defects, with limits of liability of not less than $500,000 per accident, including fire legal liability and naming the Calcasieu Parish School Board, its members, agents, officers, and employees as additional insureds. A certificate of insurance evidencing same must be provided to the Calcasieu Parish School Board, P. O. Box 800, Lake Charles, LA and shall reflect a cancellation clause of not less than thirty (30) days. Lessee shall be responsible for obtaining insurance for its property located upon the leased premises, and shall waive subrogation of its insurer to actions against the Calcasieu Parish School Board, its members, agents, officers and employees. 6. Should the property be destroyed, whether in whole or in part, or damaged by decay, fire, explosion, wind storm, hurricane, flood, collapse, soil subsidence, or other event, occurrence or peril, then Lessor solely shall have the option to rebuild or repair the premises, or terminate this lease.
7. Lessee shall not make any additions or alterations to the premises without written permission of the Lessor. However, Lessor or his employees shall have the right to enter the premises for the purpose of making repairs necessary for the preservation of the property. Any additions made to the property by the Lessee shall become the property of Lessor at the termination of this Lease. Nothing shall be placed or done upon the premises by Lessee which will cause forfeiture of any insurance. Should any addition or alteration made by the Lessee cause any increase in the insurance rate on the premises, Lessee agrees to pay such increase in addition to the agreed rental. 8. Lessee shall be responsible for all utilities including but not limited to, water, gas, electricity, and sewerage and for providing the same, including but not limited to maintenance of the systems. In the event that the Lessee introduces or alters in any way any utility service on the premises, he shall comply in every respect, without expense to Lessor, with all rules and regulations of the Louisiana Fire Prevention Bureau and all other state and municipal regulatory agencies. 9. Lessee accepts the premises in its current condition and agrees to keep and maintain it in a clean, safe, neat and good condition during the term of the Lease at his expense and to return it to Lessor in the same condition at the termination of the Lease, normal decay, wear and tear excepted. Lessee is responsible for all maintenance of and repairs to the premises, including but not limited to painting, plumbing, sewerage and water systems, fixtures, electrical work, heating and cooling units and systems, janitorial and pest control services, replacing light bulbs and broken glass, grounds upkeep and maintenance, and maintenance and repair or replacement of foundation or roof. 10. Lessee will not store automobiles, boats, or vehicles of any kind, other than those necessary for use of Lessee, or waste, noxious chemicals, or other matter which might create a nuisance, upon the premises. 11. Lessor shall be responsible for structural integrity and weight bearing walls, and for no other. Lessee hereby assumes responsibility for repairs, maintenance, and construction other than those mentioned in this paragraph. Lessor shall have the option to cancel this lease should any major repairs, construction or maintenance become necessary, or should cost of the same exceed the sums which the School Board in its discretion determines that it should expend. 12. The Lessor shall not be liable to Lessee, or to Lessee's employees, patrons, licensees, invitees or visitors, or to any other person for any damage to person or property caused by any act, omission or neglect of Lessee, Lessee's employees, patrons, visitors, licensees, or invitees or any other person or any other tenant of said premises, and Lessee agrees to hold Lessor harmless from and defend Lessor against all claims for any such damage, whether the injury occurs on or off the leased premises, and whether or not the injury is caused wholly or in part by the Lessor's negligence. Lessee further assumes full responsibility for any and all damages whatsoever arising from or growing out of the occupancy, presence upon, or use of the leased premises by any person, including that caused or allegedly caused by defects in the premises and/or Lessor's alleged negligence. In a report prepared by Wynn L. White, Consulting Engineers, Inc., it has been determined that asbestos containing building materials are present in structures situated on the leased premises. Asbestos containing materials have been found to be hazardous to public health if released into the air. A copy of Mr. White's report is on file in the Administrative Offices of the School Board, 1724 Kirkman Street, Lake Charles, Louisiana, and is available for inspection during regular business hours. The Lessee hereby acknowledges the information contained in this report and nevertheless accepts the leased premises in its current condition, waiving all rights to future recourse for claims or problems arising therefrom, holding the School Board, its members, agents, officers and employees harmless from same, and taking full responsibility for the leased premises during the term of this lease. 13. Lessee assumes responsibility for the condition of the premises. Lessor will not be responsible for damage caused by leaks in the roof, by bursting of pipes by freezing or otherwise, or by any vices or defects of the leased property, or the consequences thereof, except in case of its failure to take action toward the remedying of such defects for which it assumes responsibility under paragraph 11 hereof within reasonable time after having received written notice from Lessee of such defects and the damage caused thereby. Should Lessee fail to promptly so notify Lessor, in writing, of any such defects, Lessee will become responsible for any damage resulting to Lessor or other parties. 14. Lessee is not permitted to post any "For Rent" signs, rent, sublet, assign, or grant use or permission of the leased premises without the written consent of Lessor and then only in accordance with this Lease. 15. Lessee will also permit Lessor to have access to the premises for the purpose of inspection at reasonable intervals, repair, maintenance, or construction. 16. At the expiration of this lease or at its termination for other causes, Lessee is to immediately surrender possession by actual delivery of all keys to Lessor. 17. Lessor reserves all minerals, and the right to explore and reduce same to possession, which are located in, upon, or under the lease premises. 18. Lessee shall not discriminate against any person on the basis of race, color, creed, religion, sex, national origin, age, or handicap. 19. The Parties hereto may mutually agree to termination of this lease on a date earlier than that provided herein. 20. Notwithstanding the term of this lease as hereinabove set forth, it is understood and agreed that should the Calcasieu Parish School Board desire to use the premises or part thereof for public school purposes, including but not limited to sale or other disposition of the same, then and in that event the Calcasieu Parish School Board may, with 180 days notice, terminate this lease and Lessee agrees to vacate the premises within 180 days of said notice. Should Lessee desire to terminate this lease, Lessee must notify Lessor in writing within 60 days prior to termination.
THUS DONE, PASSED AND SIGNED on the dates hereinafter shown, in the Parish of Calcasieu, State of Louisiana, in the presence of the undersigned, after a due reading of the whole.
Lake Charles, Louisiana, on this day of , 2006.
WITNESSES: CALCASIEU PARISH SCHOOL BOARD
BY: Dr. Edward Stephens, President
Lake Charles, Louisiana, on this day of , 2006.
WITNESSES: LESSEE
NOTARY PUBLIC
On a motion to approve by Bryan LaRocque and seconded by Sheral LaVergne, the motion carried.
BID REPORTS
School Buses, Bid Number 2006-37
Bids were received from the following vendors:
Twin State Truck, Inc. Ross Bus Sales Kent Mitchell Bus Sales
VENDOR NAME BID PRICE Bus Group Commercial Bus Sales $80,614.00
The Staff recommends accepting the honored low bid for the item meeting specifications. On a motion by Jay Duhon and seconded by Jay Andrepont, the motion carried to award the bid to Bus Group Commercial Bus Sales.
Inspection and Service of Hood Systems and Sprinkler Systems, Bid Number 2006-42
Bids were received from the following vendors:
Bayou Fire Protection Coastal Sprinkler Co., Inc. Firetrol Protection RM Fire Protection S&S Sprinkler Co. Simplex Grinnell
VENDOR NAME BID PRICE Coastal Sprinkler Co., Inc. (Beaumont, TX) $4,200.00 Sprinkler Systems $60.00 Hour Repairs
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